Further update released:

http://www.scotusblog.com/2016/09/justices-add-eight-new-cases-to-docket-for-upcoming-term/

The justices are expected to release additional orders – including a lengthy list of denials – from the September 26 conference next Monday Oct 3rd at 9:30 a.m.

So guess there is still a chance…I thought it was dead. I did notice in the link above they noted this:

“The justices granted only eight new cases today, five fewer than this time last year. And although the eight cases in which review was granted present some interesting questions (for example, a trademark case involving the musical group The Slants and a dispute over credit card surcharges), none of them involves particularly high-profile or divisive issues.”

So maybe they are taking more time to review the more significant cases. I skimmed through all the cases on the docket for the Sept 26th conference and a good portion did not seem divisive or high profile.

It’s not a promising sign for Packingham. But we’ll keep it monitored. The Court is very picky about the cases it selects. I would not read the Court’s lack of action as any indication that it agrees with the decision, but only that the Court does not view the case as worthy of review at this time (or it simply did not get the necessary votes to grant cert).